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(영문) 광주지방법원 2018.02.21 2017가단523752

공유물분할

Text

1. A ship which connects each point of the attached Form Nos. 1, 2, 3, 20, 21, and 1 among the area of 1,141 square meters in Nam-gu, Nam-gu, Gwangju.

Reasons

1. The fact of recognition was registered as the Plaintiff’s share in 208/1,418, Defendant B’s share in 501/1,418, Defendant C’s share in 293/1,418, and Defendant D (Withdrawal)’s share in 416/1,418, and on October 26, 2017, Defendant D (Withdrawal)’s share in 208/1,418 were registered. The registration of ownership transfer was made on October 25, 2017 for Defendant D (Withdrawal)’s share in 208/1,418.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, each entry of Eul evidence 1, the purport of the whole pleadings

2. The following circumstances, which can be seen by comprehensively considering the overall purport of arguments as a result of appraiser F’s appraisal, as follows, (i) in order to secure the passage passage to a church building, which is scheduled to be newly constructed on the rear side of the land of this case, the Plaintiff is required to divide the part of the land of this case (B) with the indication 7,8,9,10,11,12,13, and 7 of the drawings, such as the area (B) size of 33 square meters connected with each point of 33 square meters in order to secure the passage passage to the church building, which is scheduled to be newly constructed on the rear side of the land of this case; (iii) the part (C) which is 134 square meters connected each point of 3,4,5,6,7,13,14,15, 17, 18, 198, and 134 square meters of the above drawings; and (iv) the part of the land of this case can be claimed to be divided into the Defendants’ co-owned land.